The Brazilian Data Protection Authority ("ANPD") recently released a public consultation seeking answers from the public to questions the ANPD is making available until July 17, 2024. The answers will help the ANPD build its upcoming guidance on processing the personal data of children and adolescents. The questions are mostly related to digital platforms.
To protect children and adolescents—a principle in the Brazilian Constitution and covered in provisions in the Brazilian General Data Protection Law (LGPD)—and to consider the best interests of minors in personal data processing activities, the ANPD seeks answers to questions such as:
- What measures and mechanisms should be adopted by digital platforms to allow parental consent and, at the same time, ascertain that the consent has been given by an actual parent or legal guardian?
- What privacy-by-design measures should be adopted on digital platforms to secure children's and adolescents' best interests?
- What good practices and techniques are available to carry out age-checking on digital platforms?
- What are the potential limitations to classifying children and adolescents by their consumer profile?
- What mechanisms and good practices should be adopted to augment parental control over how children's and adolescents' personal data is processed online?
We will continue to monitor the ANPD's efforts on this topic.
Visit us at mayerbrown.com
Mayer Brown is a global services provider comprising associated legal practices that are separate entities, including Mayer Brown LLP (Illinois, USA), Mayer Brown International LLP (England & Wales), Mayer Brown (a Hong Kong partnership) and Tauil & Chequer Advogados (a Brazilian law partnership) and non-legal service providers, which provide consultancy services (collectively, the "Mayer Brown Practices"). The Mayer Brown Practices are established in various jurisdictions and may be a legal person or a partnership. PK Wong & Nair LLC ("PKWN") is the constituent Singapore law practice of our licensed joint law venture in Singapore, Mayer Brown PK Wong & Nair Pte. Ltd. Details of the individual Mayer Brown Practices and PKWN can be found in the Legal Notices section of our website. "Mayer Brown" and the Mayer Brown logo are the trademarks of Mayer Brown.
© Copyright 2024. The Mayer Brown Practices. All rights reserved.
This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.